[Federal Register Volume 75, Number 18 (Thursday, January 28, 2010)]
[Rules and Regulations]
[Pages 4474-4475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1728]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket Nos. EE-RM/TP-99-450 and EE-RM/TP-05-500]
RIN 1904-AA96 and 1904-AB53


Energy Conservation Program: Certification, Compliance, and 
Enforcement Requirements for Certain Consumer Products and Commercial 
and Industrial Equipment; Correction

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Final rule; technical correction.

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SUMMARY: This document contains a technical correction to the final 
rule regarding the certification, compliance and enforcement 
regulations that was published on January 5, 2010. In that final rule, 
the U.S. Department of Energy (DOE) adopted regulations to implement 
reporting requirements for energy conservation standards and energy 
use, and to address other matters, including compliance certification, 
prohibited actions, and enforcement procedures for specific consumer 
products and commercial and industrial equipment. Due to drafting 
errors, language added to the rule in one amendment was deleted from 
the rule by another amendment, and certain erroneous internal cross 
references were made. This correction addresses these errors.

DATES: This technical correction is effective February 4, 2010.

FOR FURTHER INFORMATION CONTACT: Michael McCabe, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, 
DC 20585-0121, (202) 586-9155. E-mail: [email protected].
    Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-
0121, (202) 586-9507. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On January 5, 2010, the U.S. Department of Energy's (DOE) Office of 
Energy Efficiency and Renewable Energy (EERE) published a final rule 
titled ``Certification, Compliance, and Enforcement Requirements for 
Certain Consumer Products and Commercial and Industrial Equipment.'' 75 
FR 652. Since the publication of that rule, it has come to DOE's 
attention that due to a technical oversight, a certain part of the 
final regulations was inadvertently deleted from the final rule. DOE 
did not intend to remove this language from its regulations and through 
this correction document DOE reinserts this inadvertently deleted 
language. Additionally, certain sections of the regulatory text have an 
internal referencing error.

II. Need for Correction

    As published, the final regulation erroneously removed two 
provisions that DOE had intended to reserve (10 CFR 431.171) and to 
amend (10 CFR 431.172). This document intends to reestablishes these 
provisions. In FR Doc. E9-30886, appearing in the notice beginning on 
page 652 in the Federal Register of Tuesday, January 5, 2010, the 
following corrections are made:

Subpart J--[Corrected]

    1. On page 667, in the second column, correct the table of contents 
for subpart J to part 431 to read as follows:
Subpart J--Provisions for Commercial Heating, Ventilating, Air-
Conditioning and Water Heating Products
Sec.
431.171 Purpose and scope. [Reserved]
431.172 Definitions.
431.173 Requirements applicable to all manufacturers.
431.174 Additional requirements applicable to Voluntary Independent 
Certification Program participants.
431.175 Additional requirements applicable to non-Voluntary 
Independent Certification Program participants.
431.176 Voluntary Independent Certification Programs.

    2. On page 667, in the second column, directly below the heading of 
subpart J, add and reserve Sec.  431.171, and add Sec.  431.172, to 
read as follows:


Sec.  431.171  Purpose and scope. [Reserved]


Sec.  431.172  Definitions.

    The following definitions apply for purposes of subparts D through 
G, J through K and subpart T of this part. Other terms in these 
subparts shall be defined elsewhere in the Part and, if not defined in 
this part, shall have the meaning set forth in section 340 of the Act.
    Alternate efficiency determination method or AEDM means a method of 
calculating the efficiency of a commercial HVAC and WH product, in 
terms of the descriptor used in or under section 342(a) of the Act to 
state the energy conservation standard for that product.
    Basic model means, with respect to a commercial HVAC & WH product, 
all units of such product, manufactured by one manufacturer, which have 
the same primary energy source and which do not have any differing 
electrical, physical, or functional characteristics that affect energy 
consumption.
    Commercial HVAC & WH product means any small or large commercial 
package air-conditioning and heating equipment, packaged terminal air 
conditioner, packaged terminal heat pump, commercial packaged boiler, 
hot water supply boiler, commercial warm air furnace, instantaneous 
water heater, storage water heater, or unfired hot water storage tank.
    Flue loss means the sum of the sensible heat and latent heat above 
room temperature of the flue gases leaving the appliance.
    Industrial equipment means an article of equipment, regardless of 
whether it is in fact distributed in commerce for industrial or 
commercial use, of a type which:
    (1) In operation consumes, or is designed to consume energy;
    (2) To any significant extent, is distributed in commerce for 
industrial or commercial use; and
    (3) Is not a ``covered product'' as defined in Section 321(2) of 
EPCA, 42 U.S.C. 6291(2), other than a component of a covered product 
with respect to which there is in effect a determination under Section 
341(c) of EPCA, 42 U.S.C. 6312(c).
    Private labeler means, with respect to a commercial HVAC & WH 
product, an owner of a brand or trademark on the label of a product 
which bears a private label. A commercial HVAC & WH product bears a 
private label if:
    (1) Such product (or its container) is labeled with the brand or 
trademark of a person other than a manufacturer of such product;
    (2) The person with whose brand or trademark such product (or 
container) is labeled has authorized or caused such product to be so 
labeled; and
    (3) The brand or trademark of a manufacturer of such product does 
not appear on such label.

[[Page 4475]]

Sec.  431.373  [Corrected]

    3. On page 672, in the first and second columns under Sec.  
431.373, revise paragraphs (a)(3)(ii) and (iii), and on page 673, in 
the first column under Sec.  431.373, revise paragraph (a)(6)(i)(B) to 
read as follows:


Sec.  431.373  Enforcement.

* * * * *
    (a) * * *
    (3) * * *
    (ii) For automatic commercial ice makers, as well as commercial 
refrigerators, freezers, and refrigerator-freezers, the methods are 
described in appendix D to subpart T of part 431 and include the 
following provisions:
* * * * *
    (iii) For commercial HVAC and WH products, the methods are 
described in appendix D to subpart T of part 431 and include the 
following provisions:
* * * * *
    (6) * * *
    (i) * * *
    (B) For automatic commercial ice makers, as well as commercial 
refrigerators, freezers, and refrigerator-freezers, the applicable 
provisions in appendix D to subpart T of part 431, and limited to a 
maximum of six additional units of basic model.
* * * * *

    Issued in Washington, DC, on January 22, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-1728 Filed 1-27-10; 8:45 am]
BILLING CODE 6450-01-P